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The answer depends on whether the government is alleging that he is an aggravated felon or not. If they are trying to deport him as an aggravated felon, he will have a difficult time getting a visa to return to the US.

*Permission to Reenter, Consulate Processing and Waiver of the 3/10 year bar * There are three packages that must be completed. The Consulate Processing, the Permission to Reenter and the Waiver of Inadmissibility. A Consulate Processing package needs to be done for the Family Petition. This is a petition that will allow your loved one to come to the U.S. Our firm can prepare the Consulate Processing package which goes through U.S. Immigration, the National Visa Center and then the Consulate, so it goes smoothly and correctly. A Waiver of Inadmissibility will have to be obtained. This is a package that will include a legal brief, forms, documents, exhibits and declarations. My firm can prepare the entire waiver, and attach all of the necessary documents. It will take several months for the decision, and if done correctly, there is a good chance of an approval. The Waiver essentially makes the ground of ineligibility (i.e., the 3/10 year bar) disappear so that the you will be allowed entry into the U.S. You will also need to have a Permission to Reenter done so that the deportation bar will be lifted. This is a complete package that goes to the District Director to allow entry into the U.S. many years prior to when the deportation order would allow.

The answer hinges on his criminal record. In some instances, a person can return to the United States after deportation. They will need an immigrant visa as well as waivers. However, some criminal convictions cannot be waived.

The technical answer is yes; however each case is different and domestic violence is not looked upon kindly by USCIS and of course criminal offenses have different degrees and that will be important. You can petition him for an immigrant visa. There are no issues there. The question is whether he will qualify for a waiver and how long it will take for him to come back. For that you will need to consult competent counsel with the specifics of his case and background in order for them to map out a strategy for his return.

You can petition for him. Because of his crimes and getting deported, it will be very hard for him to come back before several years, if at all. This is a hard case. He may be able to get a waiver and be able to re-enter, but you should definitely get some help to understand the options and whether it is realistically possible.

You can petition for your husband to come back to the United States, but it will not be easy. Your husband will have to deal with various "bars of inadmissibility," meaning the government will view him as inadmissible to the U.S. due to his unlawful presence, his deportation and most likely, his domestic abuse. Once everythin is approved, your husband will have to file petitions to remove the grounds of inadmissibility based on your extreme hardship. Proving extreme hardship can be very difficult, as it is hardship beyond what one would normally suffer in a situation where immigration has separated her from her husband. I suggest you speak with an experienced immigration attorney before proceeding.

How can I get my deported husband who had two domestic assault convictions back to the US? If you are US citizens, you should first file I-130 visa petition. When he shows up at the visa interview, the US consulate officer will ask him to file two waivers for the unlawful presence and permission to reapply for admission after deportation. Then you have to consider the immigration consequences of his criminal convictions. If they are not crime involving moral turpitude (CIMT) or aggravated felony (AF), he is not barred from admission. Otherwise he may be subject to further inadmissibility ground. Please consult with an experienced immigration lawyer for your case. This is not something you would treat lightly.

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